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Other > BLAW TEST 1 > Flashcards

BLAW TEST 1 Flashcards

1
Q

arbitration

A

Process- Neutral person makes decision (binding) to resolve dispute

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2
Q

breach of contract

A

breaking a contractual promise.

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3
Q

business ethics

A

Moral principles and values determine right and wrong

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4
Q

business law

A

established rules governing commercial relationships, including the enforcement of rights.

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5
Q

contract law

A

Rules that make agreements binding and, facilitate planning and the enforcement of expectations.

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6
Q

Law

A

rules/principles guiding conduct in society

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7
Q

legal risk management plan

A

Action plan for dealing with the legal risks involved in operating a business.

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8
Q

liability

A

Legal responsibility for the event or loss that has occurred.

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9
Q

litigation

A

The process involved when one person sues another.

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10
Q

mediation

A

A process where parties to a dispute endeavour to reach a resolution – help fr neutral party

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11
Q

trademark

A

A sign/combo of signs - distinguish a person’s products or services from those of others.

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12
Q

Aboriginal rights

A

Rights that exist where treaties have not been negotiated and include rights relating to the occupation of land as well as rights which arise “from a distinctive practice, custom, or tradition that may or may not be connected” to land.

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13
Q

administrative law

A

Rules created and applied by those having governmental powers.

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14
Q

bill

A

Proposed legislation.

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15
Q

bylaws

A

Laws made by the municipal level of government.

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16
Q

cabinet

A

A body composed of all ministers heading government departments, as well as the prime minister or premier.

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17
Q

Canadian Charter of Rights and Freedoms

A

A guarantee of specific rights and freedoms enshrined in the Constitution and enforceable by the judiciary.

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18
Q

Canadian legal system

A

The machinery that comprises and governs the legislative, executive, and judicial branches of government.

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19
Q

Civil Code of Québec

A

The rules of private law that govern Québec.

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20
Q

common law

A

The body or collection of judge-made law as recorded in judgments.

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21
Q

concurrent jurisdiction

A

Jurisdiction that is shared between levels of government.

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22
Q

constitutional conventions

A

Important rules that are not enforceable by a court of law but that practically determine how a given power is exercised by government.

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23
Q

constitutional law

A

The supreme law of Canada that constrains and controls how the branches of government exercise power.

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24
Q

Crown

A

The state or government

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25
Q

domestic law

A

The internal law of a given country, which includes both statute and common law.

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26
Q

equity

A

Rules that focus on what would be fair given the specific circumstances of the case, as opposed to what the strict rules of common law might dictate.

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27
Q

exclusive jurisdiction

A

Jurisdiction that one level of government holds entirely on its own and not on a shared basis with another level.

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28
Q

Federal Court of Canada

A

The court that deals with some types of litigation involving the federal government.

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29
Q

formal executive

A

The branch of government responsible for the ceremonial features of government.

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30
Q

government policy

A

The central ideas or principles that guide government in its work, including the kinds of laws it passes.

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31
Q

inferior court

A

A court with limited financial jurisdiction whose judges are appointed by the provincial government.

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32
Q

international law

A

Law that governs relations between states and other entities with international legal status.

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33
Q

judges

A

Those appointed by federal or provincial governments to adjudicate on a variety of disputes, as well as to preside over criminal proceedings.

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34
Q

judgement

A

A formal ruling in the matter as well as reasons for that outcome.

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35
Q

judiciary

A

A collective reference to judges.

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36
Q

jurisdiction

A

The power that a given level of government has to enact laws

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37
Q

legislative branch

A

The branch of government that creates statute law.

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38
Q

Liberalism

A

political philosophy that emphasizes individual freedom as its key organizing value.

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39
Q

paramountcy

A

A doctrine that provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws.

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40
Q

political executive

A

The branch of government responsible for day-to-day operations, including formulating and executing government policy, as well as administering all departments of government.

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41
Q

precedent

A

An earlier case used to resolve a current case because of its similarity.

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42
Q

private law

A

Areas of law that concern dealings between persons.

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43
Q

procedural law

A

The law governing the procedure to enforce rights, duties, and liabilities.

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44
Q

public law

A

Areas of the law that relate to or regulate the relationship between persons and government at all levels.

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45
Q

regulations

A

Rules created by the political executive that have the force of law.

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46
Q

small claims court

A

A court that deals with claims up to a specified amount.

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47
Q

statute law

A

Formal, written laws created or enacted by the legislative branch of government.

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48
Q

substantive law

A

defines rights, duties, and liabilities.

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49
Q

superior courts

A

Courts with unlimited financial jurisdiction whose judges are appointed by the federal government.

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50
Q

Supreme Court of Canada

A

The final court for appeals in the country

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51
Q

Treaty rights

A

Rights arising in relation to official agreements between the Crown and Indigenous Peoples.

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52
Q

enterprise risk management

A

The process of identifying and managing all business risks.

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53
Q

risk avoidance

A

Ceasing a business activity because the legal risk is too great.

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54
Q

risk reduction

A

Implementing practices in a business to lower the probability of loss and its severity.

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55
Q

risk retention

A

Absorbing the loss if a legal risk materializes.

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56
Q

risk transference

A

Shifting the risk to someone else through a contract.

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57
Q

alternative dispute resolution (ADR)

A

A range of options for resolving disputes as an alternative to litigation.

58
Q

appeal

A

The process of arguing to a higher court that a court decision is wrong.

59
Q

appellant

A

The party that begins or files an appeal.

60
Q

binding

A

Final and enforceable in the courts.

61
Q

burden of proof

A

The obligation of the plaintiff to prove its case.

62
Q

claim

A

The formal document that initiates litigation by setting out the plaintiff’s allegations against the defendant.

63
Q

class action

A

A lawsuit launched by one person who represents a class of persons having similar claims against the same defendant.

64
Q

contingency fee

A

fee based on a percentage of the judgment awarded, and paid by the client to the lawyer only if the action is successful.

65
Q

costs

A

Legal expenses that a judge orders the loser to pay the winner.

66
Q

counterclaim

A

A claim by the defendant against the plaintiff.

67
Q

decision

A

The judgment of the court that specifies which party is successful and why.

68
Q

defence

A

The defendant’s formal response to the plaintiff’s allegations.

69
Q

defendant

A

The party being sued.

70
Q

discovery

A

The process of disclosing evidence to support the claims in a lawsuit.

71
Q

evidence

A

Proof presented in court to support a claim.

72
Q

judgment debtor

A

The party ordered by the court to pay a specified amount to the winner of a lawsuit.

73
Q

limitation period

A

The time period specified by legislation for commencing legal action.

74
Q

plaintiff

A

The party that initiates a lawsuit against another party.

75
Q

pleadings

A

The formal documents concerning the basis for a lawsuit.

76
Q

release

A

The formal documents concerning the basis for a lawsuit.

77
Q

respondent

A

The party against whom an appeal is filed.

78
Q

summary judgment

A

A procedure allowing a party to obtain a judgment on all or part of a claim without having to proceed to trial.

79
Q

trial

A

A formal hearing before a judge that results in a binding decision.

80
Q

contract

A

An agreement between two parties that is enforceable in a court of law.

81
Q

equal bargaining power

A

The legal assumption that parties to a contract are able to look out for their own interests.

82
Q

objective standard test

A

A test based on how a “reasonable person” would view the matter.

83
Q

acceptance

A

An unqualified willingness to enter into a contract on the terms in the offer.

84
Q

consideration

A

The price paid for a promise.

85
Q

counteroffer

A

The rejection of one offer and proposal of a new one.

86
Q

gratuitous promise

A

A promise for which no consideration is given.

87
Q

invitation to treat

A

An expression of willingness to do business.

88
Q

lapse

A

The expiration of an offer after a specified or reasonable period.

89
Q

offer

A

A promise to enter a contract, on specified terms, as soon as it is accepted.

90
Q

offeree

A

the person to whom an offer is made.

91
Q

offeror

A

The person who makes an offer.

92
Q

option agreement

A

An agreement where, in exchange for payment, an offeror is obligated to keep an offer open for a specified time.

93
Q

pre-existing legal duty

A

A legal obligation that a person already owes.

94
Q

promissory estoppel

A

A doctrine whereby someone who relies on a gratuitous promise may be able to enforce it.

95
Q

rebuttable presumption

A

A legal presumption in favour of one party that the other side can seek to rebut or dislodge by leading evidence to the contrary.

96
Q

standard form contract

A

A “take it or leave it” contract, where the customer agrees to a standard set of terms that favours the other side.

97
Q

condition precedent

A

An event or circumstance that, until it occurs, suspends the parties’ obligations to perform their contractual obligations.

98
Q

condition subsequent

A

An event or circumstance that, when it occurs, brings an existing contract to an end.

99
Q

contractual quantum meruit

A

meruit Awarding one party a reasonable sum for the goods or services provided under a contract.

100
Q

entire contract clause

A

A term in a contract in which the parties agree that their contract is complete as written.

101
Q

exemption clause

A

A term of a contract that identifies events causing loss for which there is no liability.

102
Q

express term

A

A provision of a contract that states a promise explicitly.

103
Q

implied term

A

A provision that is not expressly included in a contract but that is necessary to give effect to the parties’ intention.

104
Q

limitation of liability clause

A

A term of a contract that limits liability for breach to something less than would otherwise be recoverable.

105
Q

liquidated damages clause

A

A term of a contract that specifies how much one party must pay to the other in the event of breach.

106
Q

parol evidence rule

A

A rule that limits the evidence a party can introduce concerning the contents of the contract.

107
Q

penalty clause

A

A term that is not enforceable because it sets an exorbitant amount that one party must pay to the other in event of breach.

108
Q

rules of construction

A

Guiding principles for interpreting or “constructing” the terms of a contract.

109
Q

age of majority

A

The age at which a person becomes an adult for legal purposes.

110
Q

common mistake

A

Both parties to the agreement share the same fundamental mistake.

111
Q

economic duress

A

The threat of economic harm that coerces the will of the other party and results in a contract.

112
Q

illegal contract

A

A contract that cannot be enforced because it is contrary to legislation or public policy.

113
Q

legal capacity

A

The ability to make binding contracts.

114
Q

Misrepresentation

A

A false statement of fact that causes someone to enter a contract

115
Q

mistake

A

An error made by one or both parties that seriously undermines a contract.

116
Q

non-disclosure agreement

A

In an employment contract, non-disclosure agreements are used to forbid employees from divulging confidential information.

117
Q

non-solicitation clause

A

A clause forbidding contact with the business’s customers.

118
Q

public policy

A

The community’s common sense and common conscience.

119
Q

rectification

A

A remedy available where parties have made a mistake in recording their agreement and based on establishing the specific terms actually agreed to

120
Q

rectification

A

A remedy available where parties have made a mistake in recording their agreement and based on establishing the specific terms actually agreed to.

121
Q

rescission

A

The remedy that results in the parties being returned to their pre-contractual positions.

122
Q

unconscionable contract

A

An unfair contract formed when one party takes advantage of the weakness of another.

123
Q

undue influence

A

Unfair manipulation that compromises someone’s free will or choice.

124
Q

void contract

A

contract involving a defect so substantial that it is of no force or effect.

125
Q

voidable contract

A

A contract that, in certain circumstances, an aggrieved party can choose to keep in force or bring to an end.

126
Q

anticipatory breach

A

A breach that occurs before the date for performance.

127
Q

assignment

A

The transfer of a right by an assignor to an assignee.

128
Q

balance of probabilities

A

Proof that there is a better than 50 percent chance that the circumstances of the contract are as the plaintiff contends.

129
Q

condition

A

An important term that, if breached, gives the innocent party the right to terminate the contract and claim damages.

130
Q

damages

A

Monetary compensation for breach of contract or other actionable wrong.

131
Q

duty to mitigate

A

The obligation to take reasonable steps to minimize the losses resulting from a breach of contract or other wrong.

132
Q

expectation damages

A

Damages that provide the plaintiff with the monetary equivalent of contractual performance.

133
Q

force majeure clause

A

A clause that stipulates what is to happen to the contract in face of an unexpected, extreme, or unusual event outside of the parties’ control.

134
Q

frustration

A

Termination of a contract upon the occurrence of an unforeseen catastrophic event that makes contractual performance impossible or prevents the contract from being performed in a manner at all similar to what the parties envisioned when they entered the contract.

135
Q

innominate term

A

A term that cannot easily be classified as either a condition or a warranty.

136
Q

interlocutory injunction

A

An order to refrain from doing something for a limited period of time.

137
Q

novation

A

The substitution of parties in a contract or the replacement of one contract with another.

138
Q

punitive damages

A

An award to the plaintiff to punish the defendant for malicious, oppressive, and high-handed conduct.

139
Q

unjust enrichment

A

Occurs when one party has undeservedly or unjustly secured a benefit at the other party’s expense.

140
Q

vicarious performance

A

Performance of contractual obligations through others.

141
Q

warranty

A

A minor term that, if breached, gives the innocent party the right to claim damages only.

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